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(a) Non-participating landowners may waive the noise provisions of this chapter by signing a waiver of their rights.
(b) The written waiver shall notify the property owner(s) of the sound limits in this chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound limit in this chapter.
(c) Any such waiver shall be recorded in the Recorder of Deeds Office for the county in which the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.
(Ord. 25-10. Passed 5-10-10.)
There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least three hundred thousand dollars ($300,000) per occurrence and five hundred thousand dollars ($500,000) in the aggregate. Certificates shall be made available to the City upon request. The Board of Zoning and Building Appeals may require additional policy limits depending upon the size of the proposed project.
(Ord. 25-10. Passed 5-10-10.)
(a) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines within 12 months after the end of the useful life of the facility or individual wind turbines.
(b) The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(c) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(e) An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to the salvage value of the equipment, the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimates shall be submitted to the City after the first year of operation and every fifth year thereafter.
(f) The facility owner or operator shall post and maintain decommissioning funds in an amount equal to the net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business with the state and is approved by the City.
(g) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the City's Finance Director.
(h) If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection (a) above, then the landowner shall have six months to complete decommissioning.
(i) If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (a) and (h) above, then the City may take such measures as necessary to complete decommissioning. The landowner shall reimburse to the City all costs associated with the City's decommissioning of a wind energy facility. Said costs may be certified to the County Auditor as a lien upon the property should the landowner fail to reimburse the City.
(j) The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the City concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
(Ord. 25-10. Passed 5-10-10.)
(a) It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this chapter, or any permit issued under this chapter, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this chapter or any permit issued under this chapter.
(b) If the City determines that a violation of this chapter or the permit has occurred, the City shall provide written notice to any person, firm, or corporation alleged to be in violation of this chapter or permit. If the alleged violation does not pose an immediate threat to public health or safety, the City and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.
(c) If after 30 days from the date of the notice of violation the City determines, in its discretion, that the parties have not resolved the alleged violation, the City may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this chapter or permit.
(d) Notwithstanding subsections (a) through (c), above, the provisions of Section 1238.09 shall apply.
(Ord. 25-10. Passed 5-10-10.)